Drug Possession Defense Lawyers for Fredericksburg, Stafford, Fairfax, Woodbridge and Manassas, Virginia.

The defense lawyers at Livesay & Myers, P.C. represent clients on drug charges of all types, including charges of manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give, or distribute, as well as drug possession.

The maximum penalties for possession of a controlled substance in Virginia are high, and warrant hiring an experienced criminal attorney. Many drug possession offenses have mandatory minimums, giving judges little discretion on sentencing. Moreover, any Virginia drug possession conviction can result in a suspension of your driver's license.

Drug Possession Penalties

Drug possession penalties in Virginia are based on the following drug classifications, or schedules:

Schedule I - Heroin, Ecstasy (MDMA), LSD, GHB.

Penalty: Class 5 felony: up to 10 years in prison; fines of up to $2,500

Schedule II - Cocaine, Methamphetamine (crystal meth) and other stimulants. Methadone, Ritalin, Morphine, PCP.

Penalty: Class 5 felony: up to 10 years in prison; fines of up to $2,500

Schedule III - Anabolic steroids, Codeine and Hydrocodone (Vicodin, Lorcet, Dolacet and others) with aspirin or Tylenol, Special K (Ketamine), some barbiturates and other depressants.

Penalty: Class 1 misdemeanor: up to 12 months in jail, fines of up to $2,500

Schedule IV - Many prescription drugs, e.g. Darvon, Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as well as other tranquilizers.

Penalty: Class 2 misdemeanor: up to 6 months in jail, fines of up to $1,000

Schedule V - Codeine based cough medicines.

Penalty: Class 3 misdemeanor: fines of up to $500

Schedule VI - Certain other controlled substances.

Penalty: Class 4 misdemeanor: fines of up to $250

Under Virginia law, possession of heroin, ecstasy, cocaine, meth, or other drugs classified as Schedule I or Schedule II is a felony. Possession of pot (marijuana), most prescription drugs, and drugs classified as Schedule III, Schedule IV, Schedule V or Schedule VI is a misdemeanor.

Charges drug distribution and/or possession with the intent to distribute carry much greater penalties than those shown above for simple possession.

Marijuana Possession

Marijuana is classified as a Schedule I drug under federal guidelines, which means it has a "high potential for abuse" and "no legitimate medical use." But unique among Schedule 1 drugs, marijuana has its own penalty structure under Virginia law. Per Virginia Code § 18.2-250.1, simple possession of marijuana is a misdemeanor, with a mandatory loss of driver's license for 6 months, along with a maximum penalty or 30 days in jail and a $500 fine for a first offense. A second or subsequent offense would be a Class 1 misdemeanor, subject to a maximum penalty of 12 months in jail and a $2,500 fine.